Breastfeeding in licensed premises
Opinion is divided on breastfeeding in licensed premises.
by David Clifton, of thePublican.com's legal team of experts from London solicitors Joelson Wilson
A recent article on this site highlighted the issue of women breastfeeding in public. But what is the legal position on allowing breastfeeding in pubs? Can a licensee ask a woman to leave his or her pub if she is breastfeeding her child in public and either the licensee or other customers complain about this?
I am afraid that the law is far from clear-cut.
There is an argument that the purchase of food or drink creates a contract entitling a customer reasonable time to consume her purchase.
Unless specifically mentioned or brought to a purchaser's attention before a product is purchased, it would be difficult to argue that there was an implied contractual term that breastfeeding was not permitted.
While a licensee in theory has the power to deny entry to his pub or to ask any person he or she chooses to leave, there is a possibility that to prevent a woman breastfeeding, or to ask her to leave for this reason, could amount to unlawful sexual discrimination.
I doubt very much that breastfeeding would be regarded by the courts as "outraging public decency" which is a criminal offence. Such an offence is committed where the act complained of is lewd or obscene.
So what should you do if a woman starts to breastfeed in the middle of your pub? If no one bats an eyelid, who cares? Surely it is best to say nothing rather than potentially stir up a hornet's nest of trouble. However, should some of your customers complain, it may be that a bit of gentle persuasion might encourage use of the ladies toilet or a more discreet corner of the pub.
I remember appearing in court in Loughborough several years ago when one of the licensing justices made it very clear that she considered it essential that a new pub should provide a room to be used specifically by any mothers wishing to breastfeed.
She may have been right, since children under 14 (which includes babies) are not allowed in the bar area unless a children's certificate is in force and breastfeeding mothers would therefore have to be in an area of the pub permitted by law.
Related articles:
Trouble brewing for licensees if new baby law comes into force (13 June 2002)
